/ January 8, 2009

To Blackberry or not to Blackberry

The emergence of the Smartphone is now long passed and the presence of those convenient handheld devices has become not just common but also expected in the business world. Unfortunately, even though corporations declared their devotion to the Smartphone, more specifically the Blackberry, years ago, they may have to sever ties until conditions improve. The hand-held, do everything, device that corporate executives love so much could become their greatest liability should any federal regulatory agencies come knocking according to The National Law Journal. The Blackberry, though created primarily to serve as a mobile phone, has become so entangled in the ongoings of the corporations of their users that they cannot be excluded from the list of discoverable evidence used by the federal government during investigations.
In this sense, the Blackberry poses more than just one risk to its users. For starters, the proximity and personal nature of the device could implicate its user very quickly should it be collected as evidence. In addition, the smartphone could land its user in even more trouble because of its permanent erase feature. Regulations in the Sarbanes-Oxley Act require companies to maintain certain records for a specified number of years and the accidental deletion of information on their Blackberry could end up making CEOs look guilty when they are far from it. Finally the ease with which the sensitive information of a Blackberry, or any smartphone for that matter, can be compromised, is enough to make any executive feel a little queasy.
This time it’s not the debate of Blackberry vs. iPhone but the question of whether either one is a wise tool for the country’s top executives to hang on to.
Source: Law.com

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